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Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 2001 Page 1 of about 499 results (0.053 seconds)

Dec 13 2001 (HC)

Commissioner of Income-tax Vs. Vishal Builders P. Ltd.

Court : Delhi

Decided on : Dec-13-2001

Reported in : (2002)173CTR(Del)112; [2002]254ITR55(Delhi)

s.b. sinha, c.j.1. the questions referred under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the 'act'), for the opinion of this court by the income-tax appellate tribunal, delhi bench 'c', delhi (hereinafter referred to as 'the tribunal'), in r. a. no. 942 (delhi) of 1980 are ..... in the following terms :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal ..... s favor and refunded to it under bank guarantee pending decisionon the appeal filed by the delhi development authority. 7. the commissioner of income-tax (appeals) (in short, 'the cit(a)'), held as under :'the assessed's business itself was the construction and sale of multi-storeyed commercial flats. it has been ..... 's business as was the case in the various high courts' judgments relied upon by the learned representative. it appears to me that the income-tax officer has merely brushed aside the applicability of the high courts judgments to the facts of the assessed's case.' 'both the reduction and ..... in litigation but this was only a 'shadowy hope' of recovery which cannot in law form a legitimate ground for disallowance of the loss. the income-tax officer's reliance on the single bench judgment of the delhi high court which was delivered on march 23, 1977, is again in my opinion .....

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Aug 09 2001 (HC)

The Commissioner of Income Tax, Delhi-vii, New Delhi Vs. M/S. Delhi Pu ...

Court : Delhi

Decided on : Aug-09-2001

Reported in : 94(2001)DLT268

..... this court by the income tax appellate tribunal, delhi bench 'b' delhi ( in short, the 'tribunal') :-'1. whether ..... orderarijit pasayat, c.j.1. both the income tax reference and income tax appeal are inter-linked and are, thereforee, taken up together for disposal and these will be governed by this common judgment. in the income tax reference, pursuant to the direction given by this court under section 256(2) of the income tax act, 1961 (in short, the 'act'), following questions have been referred for opinion of ..... 000/- was received in cash. assessing officer included rs. 35,00,000/- in the income of the assessed. the amount so received was made exigible to tax as business receipt for giving up a source of income. assessed preferred an appeal before the commissioner of income tax (appeals) (in short, the 'cit (a)' ). the addition was reduced to rs. 33,00,000/- by said authority ..... this court, reference has been made.3. so far as the appeal under section 260a of the act is concerned, it relates to levy of penalty. proceedings were initiated for concealment of income in terms of section 271(1)(c) of the act. same was primarily cancelled by the tribunal on the ground that addition was deleted in the quantum appeal .....

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Dec 21 2001 (HC)

The Commissioner of Income Tax, Delhi-vi, New Delhi Vs. R.L. Bhargava

Court : Delhi

Decided on : Dec-21-2001

Reported in : 96(2002)DLT322; [2002]256ITR42(Delhi)

s.b. sinha, c.j. 1. the following questions have been referred to this court for its opinion by theincome tax appellate tribunal in terms of section 256(1) of the income tax act, 1961: '1. whether on the facts and in the circumstances ofthe case, the tribunal is correct in law in holdingthat the sum of rs. 2.50 lakhs is not taxable ..... matter would have been different had,in consideration of the afore-mentioned transfer of technical know-how, the assessed wouldhave acquired equity shares in a new company. in commissioner of income-tax, bombaycity-i v. ciba of india ltd. (supra), what is know-how, has been considered by the apex courtin the following terms: 'counsel for the commissioner strongly pressed foracceptance ..... the first question was rightly answered infavor of the assessed. 9. the said decision was considered in some details by a division bench of thebombay high court in commissioner of income-tax, bombay city-i v. ralliwolf ltd. (supra). therein also, shares had been given in return for the drawings etc and confidentialtechnical information for the establishment of the factory and ..... for consideration as to whether a businessexpenditure would be a capital or revenue expenditure in jonas woodhead & sons (india)ltd. v. commissioner of income-tax : [1997]224itr342(sc) wherein, upon consideration of empire jute co. ltd. v. cit and commissioner of income-tax,bombay city-i v. ciba of india ltd. (supra), it was held: 'it would thus appear that the courts have applieddifferent tests .....

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Feb 14 2001 (HC)

The Commissioner of Income Tax, Delhi-iv, New Delhi Vs. Shri Saliq Ram ...

Court : Delhi

Decided on : Feb-14-2001

Reported in : 2001IIIAD(Delhi)367; (2001)168CTR(Del)412; 91(2001)DLT137; [2001]249ITR716(Delhi)

..... , c.j.1. at the instance of revenue, following question has been referred for opinion of this court by the income tax appellate tribunal, delhi bench 'c', delhi ( in short, 'the tribunal') under section 256(1) of the income tax act, 1961 ( in short, the 'act'):-'whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that ..... the provisions of section 144b(1) are not applicable in the present case even though the income proposed by the i.t.o. to be taxed exceeded by over rs.1 lac ..... , yet there was no scope for taking the stand that the variation is immaterial for the purpose of section 144b of the act. strong reliance is placed on a decision of the punjab and haryana high court in commissioner of income tax v. satya narian . in the said case, the punjab and haryana high court observed that there was no legal bar in ..... i.a.c.'s directions assessment was completed by order dated 22.09.1979. assessed preferred an appeal before the commissioner of income tax (appeals) ( in short c.i.t. (a)). it was assessed's stand that section 144b of the act had no application to the facts of the case and, thereforee, assessment made on 22.09.1979 was time-barred. in .....

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Dec 13 2001 (HC)

Commissioner of Income-tax Vs. Pushpak Enterprises

Court : Delhi

Decided on : Dec-13-2001

Reported in : [2002]254ITR193(Delhi)

..... 147(b) of the act, will be the information which may be derived from an external source concerning facts or particularsas to law relating to a matter bearing on ..... s.b. sinha, c.j.1. the appellant herein has filed appeals under section 260a of the income-tax act, 1961 (hereinafter referred to as 'the act'), against the order dated december 19, 2000, passed by the income-tax appellate tribunal, delhi bench 'e', new delhi (hereinafter referred to as 'the tribunal'), in i. t. a. nos. 231 and 232/deihi of 1994 and i. t. a ..... from the case of kamal singh (maharaj kumar) v. cit : [1959]35itr1(sc) ; cwt v. imperial tobacco co. of india ltd. : [1966]61itr461(sc) ; v. jaganmohan rao v. cit : [1970]75itr373(sc) and other cases, the apex court had laid down that information as contained in section 34(1)(b) of the indian income-tax act, 1922, which is identical to the provisions of section ..... of the aforesaid complaint and the documentary evidences received by the assessing officer, necessary sanction from the commissioner of income-tax (in short 'the cit'), was sought for and upon receipt thereof the proceedings under section 147(a) read with section 148 of the act were initiated, pursuant thereto notice dated march 26, 1991, was issued. in response to the aforesaid notice, the assessed .....

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Mar 15 2001 (HC)

Commissioner of Income-tax, Delhi-iii, New Delhi Vs. M/S. La Medica, D ...

Court : Delhi

Decided on : Mar-15-2001

Reported in : 2001VAD(Delhi)931; 92(2001)DLT406; 2001(59)DRJ404; [2001]250ITR575(Delhi)

..... orderarijit pasayat, c.j. 1. pursuant to directions given by this court under section 256(2) of the income tax act, 1961 (in short the 'act') following question has been referred by the income tax appellate tribunal, delhi bench 'e' (in short the 'tribunal') for opinion :-'whether on the facts and in the circumstances of the case the tribunal had material to come to the ..... use of irrelevant material. that gives rise to a question of law. this position has been succinctly stated by the apex court in dhirajlal girdharilal v. commissioner of income-tax, : [1954]26itr736(sc) , commissioner of income-tax v. daulat ram rawatmull : [1973]87itr349(sc) . where the tribunal misdirects itself in law in basing its conclusions on some evidence ignoring other essential materials on record ..... from the date of raising of bills till payments were made was also asked for. summons under section 131 of the act were also issued to the alleged seller. assessed failed to produce the party. a registered letter sent by the income-tax officer on 23 october 1973 was received back unserved. thereafter ito fixed up a tour from 18 february 1974 to ..... conclusion that the sum of rs. 3,82,750/- could not be treated as the assessed's income from undisclosed sources .....

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Oct 15 2001 (HC)

international Airports Authority of India Vs. Commissioner of Income-t ...

Court : Delhi

Decided on : Oct-15-2001

Reported in : [2002]254ITR657(Delhi)

..... the assessed, the following question has been referred for the opinion of this court by the income-tax appellate tribunal, delhi bench-e (for short 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short 'the act'):'whether, on the facts and in the circumstances of the case, the tribunal was right ..... the purpose of extension of the international airport at delhi. the matter was carried in appeal by the assessed before the commissioner of income-tax (appeals) (in short 'the cit(a)'), who held that the assessing officer's action was justified. in further appeal, the tribunal upheld the orders of the authorities ..... improve the business, the same was capital expenditure in nature. similar view was also expressed by the bombay high court in hardiallia chemicals ltd. v. cit [1996] 218 itr 598.7. the above being the position, the conclusions of the authorities below and the tribunal are in order. we answer ..... the title or a threat of litigation the payment would be a capital payment and not a revenue payment. in sitalpur sugar works ltd. v. cit : [1963]49itr160(sc) , it was held that where expenditure was incurred by the assessed for shifting the factory from one place to another to ..... 3. the factual background in a nutshell is as follows.4. the assessed, a government corporation, was formed on april 1, 1972, under an act of parliament to take over the airports in metropolitan towns, including palam airport at delhi. during the relevant assessment year the assessed paid rs. 19 .....

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Oct 16 2001 (HC)

Commissioner of Income-tax Vs. B.L. Passi

Court : Delhi

Decided on : Oct-16-2001

Reported in : (2002)85CTR(Del)172; [2002]254ITR225(Delhi)

..... d.k. jain j. 1. these are three appeals under section 260a of the income-tax act, 1961 (in short 'the' act'), arising out of the decisions of the income-tax appellate tribunal (in short 'the tribunal') in itas nos. 2537/delhi of1990 and 627/delhi of 1993 (assessment year ..... of one of the directors of bombay okara carriers, dated march 23, 1989, the commissioner of income-tax (appeals) held that there was no reason to deny depreciation to the assessed. the revenue took the matter in further appeal to the tribunal. ..... with whom the transactions had taken place, the assessing officer again disallowed the depreciation.6. aggrieved, the assessed filed appeal before the commissioner of income-tax (appeals). being satisfied with the explanationn of the assessed regarding purchase, registration, user and subsequent sale of the trucks and relying on the affidavit ..... , as illustrative. the following questions have been posed for adjudication.'1. whether the tribunal is correct in upholding the order of the commissioner of income-tax (appeals) in accepting the claim of depreciation by the assessed on the trucks allegedly purchased at the end of the accounting year ? 2. ..... evidence; or the finding is so perverse or unreasonable that no person acting judicially and properly instructed on law could have arrived at it.10. in the instant case, we find from the order of the commissioner of income-tax (appeals), dated february 20, 1990, that one of the issues to .....

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Jul 16 2001 (HC)

Commissioner of Income-tax Vs. Bhagat Construction Co.

Court : Delhi

Decided on : Jul-16-2001

Reported in : (2001)171CTR(Del)648; [2002]253ITR177(Delhi); [2001]119TAXMAN375(Delhi)

..... 1. at the instance of the revenue, the following questions have been referred for the opinion of this court by the income-tax appellate tribunal, delhi bench (in short, 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short, the 'act') :'1. whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the assessed- ..... an industrial company, but allowed investment allowance under section 32a. subsequently, the said allowance was withdrawn by order passed under section 154 of the act. the assessed preferred appeals before the commissioner of income-tax (appeals) (in short, 'the cit(a)'), questioning the denial of the claim made to treat it as industrial company and the investment allowance withdrawn. placing reliance on several decisions ..... company is an industrial company as defined in section 2(7)(c) of the finance act, 1979, and if so whether the assessed-company is entitled ..... to a concessional rate of tax ? 2. whether, on the facts and in the circumstances of the case, the tribunal is correct in law in upholding the order of the commissioner of income-tax (appeals) deleting the addition of rs. 1,60,128 .....

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Dec 31 2001 (HC)

Commissioner of Income Tax Vs. Dayawati Modi

Court : Delhi

Decided on : Dec-31-2001

Reported in : 2002IIIAD(Delhi)623; 97(2002)DLT170

..... value of perquisite on account of residential house known as 'modi bhawan' was not assessable under section 28 read with section 2(24)(iv) of the income-tax act, 1961, but under section 17(2) of the income-tax act, 1961? 2. whether on the facts and in the circumstances of the case, the method of assessing its value was correct in law and whether the ..... the question arose as to whether the value of the perquisite on account of the aforesaid residential house was assessable under section 2(24)(iv) of the income tax act or section 17(2) of the said act. income tax appellate tribunal (delhi bench-b) decided on 12-12-1974 the said questions in favor of shri g.m. modi holding that it is the provision ..... g.m. modi for subsequent years as well as of other assessed in respect of various assessment years. the income-tax department that is the commissioner of income-tax sought reference under section 256(2) of the income-tax act against these orders of the decision of the income-tax appellate tribunal and the orders were passed by this court directing the appellate tribunal to refer the aforesaid questions ..... perusal of that order would show that the tribunal recorded the finding of fact and proceeded on that basis that the income-tax officer was not justified in treating the income on account of the perquisite under section 2(24) of the income tax act, 1961 as he failed to consider the circumstances under which the accommodation was provided to the assessed and his brother k .....

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